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HomeMy WebLinkAbout07/16/1991 - Regular Minutes - Zoning Board of Adjustments. M I N U T E S Zoning Board of Adjustment CITY OF COLLEGE STATION, TEXAS July 16, 1991 7:00 P.M. MEMBERS PRESENT: Vice Chairperson Baker, Members Lane, Sawtelle and Yarbrough, and Alternate Member Phinney. MEMBERS ABSENT: Chairman Henry and Alternate Members Gaston, DeOtte and Kennady. STAFF PRESENT: Staff Planner Kuenzel, Assistant City Attorney Coates, and Planning Technician Thomas. (Mayor Ringer and Council Liaison Gardner were in the audience.) Mayor Larry Ringer swore in new Member Sawtelle, Vice Chairperson Baker, and Alternate Member Phinney. He presented plaques in recognition of Member Cronan and Alternate Members Webb and Gaston and thanked them for their participation on the Board. • ArFNnA TTFM Nn_ ~~ Call to Order - explanation of functions and limitations of the Board. Vice Chairperson Baker called the meeting to order and explained the functions and limitations of the Board. Approval of Minutes - Meeting of June 13, 1991. Ms. Yarbrough moved to approve the minutes of the special meeting of June 13, 1991 as presented. Mr. Lane seconded the motion which passed unopposed (5 - 0). A~FNnA TTRM Nn. ~~ Approval of Minutes - Meeting of June 18, 1991. Ms. Yarbrough moved to approve the minutes of the regular meeting of June 18, 1991 as presented. Mr. Phinney seconded the motion which passed unopposed (5 - 0). ArFNnA TTFM Nn_ 4: Approval of Minutes - Meetinq of June 19, 1991. Ms. Yarbrough moved to approve the minutes of the special meeting of June 19, 1991 as presented. Mr. Lane seconded the motion which passed unopposed (5 - 0). • A~FNnA TTFM Nn. ~~ Consideration of a variance request to the rear setback requirements at 210 Ember Glow to allow for a carport to extend to the rear property line. Staff Planner Kuenzel presented the staff report requesting a 0.0' setback to extend a carport to the property line. The 10' utility easement along the rear would prevent the applicant from building the • carport to the property line. The applicant must also receive a License to Encroach from the City Council in order to be allowed to encroach into this easement. The Board must determine if the following would constitute a special condition: this lot is a corner lot with the garage oriented such that access should have been taken from Chimney Hill; and the cement had been poured when access was denied. The applicant claims that the hardship is that the narrow drive and garage facing the rear of the property were existing when the applicant purchased the home. There is no other location for a carport on the lot. An alternative to the variance is to park the cars outside. The Board has the discretion to grant less of a variance if it so chooses. If the full 20' variance is granted, the variance must be contingent on the grant of a License to Encroach. Twenty-two property owners within 200' of the subject property were notified with two inquiries and one in favor of the variance request. Representative Sherman Click of 1020 Holt in College Station was sworn in by Vice Chairperson Baker. He explained that the house was designed to have a rear entrance, and was denied rear access by the City after the concrete was poured. Because the garage is difficult to get enter and exit, the owner wants to convert the garage into a hobby room and install a carport. The carport will be 4' higher than the existing rock fence and will not be visible from Chimney Hill Drive because of the trees. Mr. Lane explained that the design of the home and the denial of rear access is a true inherited hardship and a variance would correct errors in the design. He moved to authorize a variance from Section 15, Ordinance Number 1638 to the minimum setback from the terms of this ordinance as it will not be contrary to the public interest, due to the following special conditions: the public interest is protected as there currently exists a 7' fence shield, the possible use of the easement will be at the owner's risk, vegetation exists to the shield the view; and because a strict enforcement of the provisions of the ordinance would result in unnecessary hardship to this applicant being: the present owner has owned and lived in the home since January 1985, and she will benefit from this action, which is to resolve a problem of which she was apparently aware of during her purchase decision but which will serve no use to anybody to continue this setup; and such that the spirit of this ordinance shall be observed and substantial justice done subject to the following limitations: that the Board understands that further action on this matter depends upon Council approval of the use of the easement (License to Encroach); however, this motion is not contingent upon Council's decision. Ms. Yarbrough seconded the motion which passed unopposed (5 - 0). A~F.NnA TTFM Nn_ ~~ Consideration of a special exception request at 621 Preston for the reconstruction of a nonconforming building. Staff Planner Kuenzel presented the staff report and informed the • Board that the non-conformities of the lot include a 5' setback ZBA Minutes July 16, 1991 Page 2 instead of the required 25' and a 7' side setback instead of the required 7.5'. Because reconstruction costs are less than 60$ of the appraised value, the Board must determine the following: the cost of reconstruction is less than 60$ of the appraised value; the reconstruction would not prevent the return to a conforming use; and the reconstruction would not increase the nonconformity. Twenty-four property owners within 200' of the subject property were notified with three inquiries. Brother of the applicant, Richard Rosas was sworn in by Vice Chairperson Baker. He informed the Board that the house will be used for rental purposes and the owner is requesting to repair the roof, install new windows, and improve the overall outside appearance of the structure. Ms. Yarbrough moved to authorize a special exception from Section 15, Ordinance Number 1638 to allow the reconstruction of a non-conforming structure on the lot occupied by such a structure as the cost of reconstruction is less than 60$ of the appraised value of the structure and because the reconstruction would not prevent the return of such property to a conforming use or increase the non-conformity. Mr. Lane seconded the motion which passed unopposed (5 - 0). A~RNnA TTFM Nn. ~~ Consideration of a variance request to the sign regulations at Anderson Ridge Veterinary Hospital in the Anderson Ridge Shopping Center to erect a detached sign. • Staff Planner Kuenzel presented the staff report requesting a 5' high, lighted, detached sign. The Board must decide if the location of the clinic in relation to Holleman constitutes a special condition. The applicant claims that the hardship is that some clients have difficulty finding the clinic, especially in emergency situations at night. However, it should be noted that this clinic has existed in this location for several years. An attached sign and directional signs are alternatives to the variance request. An attached sign may not be visible to the traffic on Holleman. The Anderson Ridge Shopping Center has been granted a Special Exception to allow six parking spaces to be used for a play area for the proposed Brazos Christian School. Thirteen property owners within 200' of the subject property were notified with no response. Applicant Sam Scarmardo was sworn in by Vice Chairperson Baker and explained that the clinic was not noticeable from Holleman. Adjacent properties such as the Geriatric Center and Lulac apartments have freestanding signs. The addition of a freestanding sign would not negatively effect the character of the surrounding area. Clients are having difficulty locating the clinic at night during emergency situations. The 4 x 6 sign has been purchased and will be mounted on cedar posts. Daryl Goad of 1408 Antoine Circle approached the Board and stated that he had no objection to the proposed freestanding sign. LJ ZBA Minutes July 16, 1991 Page 3 • Mr. Phinney moved to authorize a variance to the sign regulations from Section 12, Ordinance Number 1638, from the terms of this ordinance as it will not be contrary to the public interest due to the following unique special conditions not generally found within the City: that the surrounding land uses have freestanding signs and that a variance to the ordinance would not adversely affect the character of the neighborhood and because a strict enforcement of the provisions of the ordinance would result in substantial hardship to this applicant being that there would not be adequate identification of the property and such that the spirit and intent of this ordinance shall be preserved and the general interests of the public and applicant served. Mr. Sawtelle seconded the motion which passed unopposed (5 - 0). AC;FNflA TTRM Nfl_ Re Other business. There was no other business. A[;FN1~A TTF'M N(7 _ 4 ~ Adjourn . Ms. Yarbrough moved to adjourn the meeting of the Zoning Board of Adjustment. Mr. Phinney seconded the motion which passed unopposed (5 - 0). • ATTEST ' ~ Planning Technician, Natalie Thomas • ZBA Minutes July 16, 1991 Page 4 APPROVED: ZONII~iG BOARD OF ADJUSTMENT • FORMAT FOR POSITIVE MOTION Variance from Section 16, Ordinance Number 1638. I move to authorize a variance to the yard (Section 8.7) lot width (Table A) lot depth (Table A) minimum setback parking requirements (Section 9) • and because a strict enforcement of the provisions of the ordinance would result in ecessary hardship to this applicant being: 1-w~z ~ r~~ .w•..4 (,~P r~ ~~ 1985: w ~ t i~~ ~~ ~ ~ ~ i , ~s ~ .vim. u~ sR,wt ,ti- a-~-~- -~a d~J-c.~ SG:~.. ~S ~`1 and such that the s irit of this ordinance s all observed and subs fiat usti d~/y~/~1n'~e ~s c the fp owi 1' ' ati ~~{ ,~,~~;~ ~.. ' ,~ s 1/ ~ ~ ~s S ~/~• Motion made Seconded by Chair Signatui _ Date 7- /d `~ Voting Results ~' ~ V.QRP1638.DOC from the terms of this ordinance as it will not be contrary to the public interest, due to the following special conditions: ZONII~iG BOARD OF ADJUSTMENT FORMAT FOR POSITIVE MOTION Special Exceptions -From Section 15, Ordinance Number 1638 I move to authorize the: a. substitution of one non-conforming use for another because the extent of the substituted use is less detrimental to the environment than the first. b. enlargement of a building devoted to a non- conforming use where such enlargement is necessary and incidental to the existing use of such building and does not increase the area of the building devoted to anon-conforming use more that 25% and does not prolong the life of the non- conforming use or prevent a return of such property • to a conforming use. c. ~~ reconstruction of anon-conforming structure on the lot occupied by such structure as the cost of reconstruction is less than 60% of the appraised value of the structure and because the reconstruction would not prevent the return of such property to a conforming use or increase the non-conformity. Motion made by Motion Seconded by Voting Results Chair Signature Date / -~(p' ~~ SPCPI 638.DOC • ZONING BOARD OF ADJUSTMENT FORMAT FOR POSITIVE MOTION Variance to Sign Regulations: From Section 12, Ordinance Number 1638. I move to authorize a variance to the sign regulations from the terms of this ordinance as it will not be contrary to the public interest due to the following unique special conditions not generally found within the City: cs~ ~ S v ~ l ~~:rts l o.~ 1~5~ S ~ye.. ~ i'c.cs-~-a.oQ~,.q S+ ~. s cHot ~a~ ~ Q 1Gad >a.H ~ -~ o ~c ~1C~ ~~~~ ~ o~ Iron h0'~' C.-~~ul5c~~ ~..l~ G`1' ~^~ C~d~CY-~J O~ -~~nc ~Q iS(.~ Lo%Ge~u7Q and because a strict enforcement of the provisions of the ordinance would result in substantial hardship to this applicant being: ~, • and such that the spirit and intent of this ordinance shall be preserved and the general interests of the public and applicant served, subject to the following limitations: Motic Motic Voting Chair Date SRP1638.DOC ZONING BARD OF ADJUSTMENT GUEST REGISTER • NAN 1. 2. 3. 4. DATE ~ l!! ~ q ADDRESS ~~ 1 oz v ~.-- .S 5. 6. 7. 8. 9. 10. il. 12. 13. 14. 15. 16. 17. 18. ~9. 20. 21. 22. 23. ~24. 25.